McGATHEY v. STATE

No. 2D10-2732.

71 So.3d 224 (2011)

Todd William McGATHEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2011.


Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anne Sheer Weiner , Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

In this appeal of the order revoking his probation, Todd McGathey argues that the trial court abused its discretion in finding that he violated condition seven based on one positive test showing that he had used cocaine. The affidavit of violation of probation alleged that McGathey violated condition seven by using intoxicants to excess or possessing any drugs or narcotics. At the revocation hearing, McGathey testified that the night before his drug...

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